NUREMBERG ICJ TIMELINE 1474-1868

1474 Trial of Peter von Hagenbach In connection with offenses committed while governing ter- ritory in the Upper Alsace region on behalf of the Duke of 1625 Hugo Grotius Publishes On the Law of Burgundy, Peter von Hagenbach is tried and sentenced to death and Peace by an ad hoc of twenty-eight judges representing differ- ent local polities. The charged, including , mass Dutch jurist and philosopher Hugo Grotius, one of the principal rape and the planned extermination of the citizens of , founders of with such works as Mare Liberum are characterized by the prosecution as “trampling under foot (On the Freedom of the Seas), publishes De Jure Belli ac Pacis the laws of God and man.” Considered history’s first interna- (On the and Peace). Considered his masterpiece, tional , it is noted for rejecting the defense of the book elucidates and secularizes the topic of just war, includ- and introducing an embryonic version of crimes ing analysis of belligerent status, adequate grounds for initiating against humanity. war and procedures to be followed in the inception, conduct, and conclusion of war.

1758 Emerich de Vattel Lays Foundation for Formulating of Aggression In his seminal treatise The Law of Nations, Swiss jurist Emerich de Vattel alludes to the great guilt of a sovereign who under- 1815 Declaration Relative to the Universal takes an “unjust war” because he is “chargeable with all the Abolition of the Slave Trade evils, all the horrors of the war: all the effusion of blood, the The first international instrument to condemn , the desolation of families, the rapine, the acts of , the rav- Declaration Relative to the Universal Abolition of the Slave ages, the conflagrations, are his works and his crimes . . . in con- Trade is issued by the Congress of Vienna to resolve issues aris- sequence of it [he] is guilty of a crime against mankind . . .” De ing from the Napoleonic . The Declaration qualifies slavery Vattel thus provides the theoretical underpinnings for the mod- as a scourge to humanity and recalls that numerous European ern formulation of the . have either abolished the trade or resolved to do so. Subsequently, countries enter into a skein of piecemeal mul- 1856 Paris Declaration Respecting Maritime Law tilateral and bilateral agreements prohibiting slavery that are enforced with varying degrees of success. More effective aboli- Issued following the Crimean War, the Paris Declaration tion is realized with the 1926 Convention to Suppress the Slave Respecting Maritime Law abolishes all forms of and pri- Trade and Slavery and the 1956 Supplementary Convention, vateering ( authorization of privately owned ships which together define and criminalize slavery and related to attack and capture enemy vessels during wartime). It also practices such as debt bondage and serfdom. In 2000, the provides rules for maritime neutrality and regulates the con- UN adopts the Trafficking Protocol to the Convention against duct of . Transnational Organized Crime that aims to prevent and com- bat trafficking in persons, especially women and children; pro- 1863 tect and assist victims of trafficking; and promote cooperation among states in order to meet those objectives. During the US Civil War, German-American jurist Francis Lieber prepares for the Union Army Instructions for the Government of Armies of the in the Field, promulgated by President Lincoln in April 1863 as Order No. 100. This document, the first of the laws and customs of war, 1864 First Geneva Convention lays out specific rules for protecting and their property, A book about the bloody Battle of Solferino (1859) in , writ- treating prisoners and enemy wounded humanely, and limiting ten by Swiss eyewitness Henri Dunant, shocks the world. It leads targets to those that are deemed essential. to creation of the International Committee of the Red Cross (1863), and to a 16-nation conference convened in Geneva in August 1864, which adopts the Convention for the Amelioration 1868 St. Petersburg Declaration of the Condition of the Wounded in Armies in the Field, com- monly known as the “Geneva Convention of 1864.” The Adopted at an international conference convened by , Convention provides for: (1) relief to the wounded regardless the St. Petersburg Declaration prohibits “the employment of nationality; (2) neutrality/inviolability of medical personnel; of such arms” as “would uselessly aggravate the suffering of and (3) the distinctive sign of the red cross on a white ground. disabled men, or render their death inevitable” and would be The subsequent of 1906, 1929 and 1949 will “contrary to the laws of humanity.” To this end, the Declaration build on this platform. Dunant is awarded the first Nobel Peace forbids the use of certain fragmenting, explosive and incendiary Prize in 1901, sharing it with Frédéric Passy. ammunition.

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1899 & 1907 Conventions Adopted, respectively, at 1899 and 1907 international peace con- ferences held in The Hague, Netherlands, these Conventions 1915 Allied Joint Declaration Regarding are considered the foundational treaties for the regula- the Armenian tion of the conduct of hostilities during wartime. The Hague On May 24, 1915, as the Ottoman Empire is massacring the Conventions set forth parameters regarding the means and Armenian population within its during methods of warfare, including a ban on a number of (1914-1918), , Great Britain and Russia issue a joint decla- and methods of warfare (including use of “dum dum” bullets ration asserting that “[i]n the presence of these new crimes of which expand in the body, poison weapons, and attacks from Turkey against humanity and civilization, the allied Governments hot air balloons), categorization of prisoners of war, protection publicly inform the [Ottoman Government] that they will hold of neutral parties, occupation of , and rules for attacks personally responsible for the said crimes all members of the on military targets. They also take many of the principles of the Ottoman Government as well as those of its agents who are 1864 Geneva Convention and adapt them to maritime warfare. found to be involved in such massacres.” This is thought to con- Finally, they also include what is known as the “Martens Clause” stitute the first use, within an international law context, of the (drafted by Russian delegate Fyodor Martens), which embeds term “.” an overarching moral code into humanitarian law by providing: “Until a more complete code of the laws of war has been issued, the High Contracting Parties deem it expedient to declare that, in cases not included in the Regulations adopted by them, the inhabitants and the belligerents remain under the protection and the rule of the principles of the law of nations, as they re- sult from the usages established among civilized peoples, from the laws of humanity, and the dictates of the public conscience.” 1919 The Treaty of Versailles, signed June 28, 1919, formally ends hostilities between the Allies and in the wake of World 1919 Turkish Courts Martial of Armenian War I and provides, in Article 227, for creation of an ad hoc in- Genocide Perpetrators ternational criminal tribunal to prosecute Germany’s Kaiser Following the Ottoman Empire’s defeat in World War I, a new Wilhelm II for initiating the war; and, in Article 228, for prosecu- government is formed and, in February 1919, it establishes tion of German military personnel accused of violating the laws courts martial to prosecute members of the “Young Turk” re- and customs of war. The ad hoc tribunal is never established, gime responsible for the Armenian genocide. Pursuant to these the Kaiser is never prosecuted, and only a few low-level German courts martial, a small group of lower-level officials is punished, war criminals are tried and lightly punished. but the fate of the major perpetrators is supposed to be de- cided by a treaty between the Allies and the Ottoman Empire, and they are ultimately able to evade . 1919 Covenant of the The Covenant of the League of Nations is concluded as part of the Treaty of Versailles. Article 10 of the Covenant provides 1920 Treaty of Sèvres that member States will “respect and preserve as against ex- ternal aggression the territorial integrity and existing political The Treaty of Sèvres formally ends hostilities between the independence” of the other member States. Allies and the Ottoman Empire after World War I and provides for the trial by the Allies of Turkish war criminals accused of violating the laws and customs of war and of engaging in the Armenian massacres. The Treaty never enters into force and is superseded by the Treaty of Lausanne (1923), which is silent on 1921 The Leipzig Trials the issue of criminal responsibility pursuant to an accompanying Resisting Allied trials of war crimes perpetrators pursuant to Declaration of Amnesty. Versailles Treaty Article 228, the Germans agree to prosecute only a limited number of low-ranking suspects, and only under German law, in Leipzig’s Criminal Senate of the Imperial Court 1928 Kellogg-Briand Pact of Germany. While the Germans permit Allied representatives On August 27, 1928, in Paris, per the initiative of US Secretary to participate as co-, local pressure insures that of State Frank Kellogg and French Minister of Foreign Affairs only a few minor military officials are indicted, and they receive Aristide Briand, several nations sign the General Treaty for light . Renunciation of War as an Instrument of National Policy, com- monly known as the “Kellogg-Briand Pact.” Although the Pact contains only three articles and no enforcement mechanism, it renounces war as a solution for international controversies and dictates that all disputes be settled by pacific means.

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1933 Founding of the International Rescue Committee Founded at the suggestion of Albert Einstein in order to assist 1943 Moscow Declaration victims of ’s in Germany, and designed As evidence mounts of Germany’s gross and widespread hu- to assist victims of the world’s worst humanitarian and human man rights violations during World War II (1939-1945), the rights crises, the United States-based International Rescue United States, the and the Committee (IRC) provides emergency relief, post-conflict de- sign a “Statement of Atrocities” as part of the Allies’ Moscow velopment and resettlement services, and protec- Declaration of October 30, 1943. The Declaration states that tion and advocacy. It operates in the United States and in over those responsible will be brought to justice, and it establishes 40 countries worldwide. the War Crimes Commission, which will meet in in 1944 to compile lists of war criminals and to determine effective ways 1937 Convention for the Creation of an of bringing them to justice. International Criminal Court On November 16, 1937, in response to the of King Alexander of Yugoslavia, a Convention for the Creation 1945 Founding of (UN) and of an International Criminal Court is opened for signature of Justice (ICJ) in Geneva under the auspices of the League of Nations. But this Convention, along with its companion Convention for the The United Nations Charter is drafted (April), signed (June) and Prevention and of , does not secure the goes into effect (October) in 1945. A cornerstone of the Charter minimum number of ratifications necessary to enter into force. is its Chapter I prohibition in Article 2(4) against the threat or use of force “against the territorial integrity or political inde- pendence of any State, or in any other manner inconsistent 1945 Yalta Conference with the Purposes of the United Nations.” Chapter XIV of the At the February 4-11, 1945 Yalta Conference, the US, USSR and Charter also establishes the International Court of Justice, the UK agree to prosecute Axis leaders by judicial trial after Allied UN’s principal judicial organ, which has both “contentious case victory in Europe. Summary execution of the major German ” (allowing states to sue one another in civil lawsuits) war criminals had been considered before Yalta but the United and “advisory opinion jurisdiction” (for which the ICJ provides States preference for a judicial solution prevails. legal opinions when requested by authorized entities). NB: The ICJ does not have jurisdiction to hear criminal cases but has had before it cases with international implications, 1945 London Agreement for Establishment of such as the case of Bosnia v. Serbia (2007), wherein the Court the International Military Tribunal had to decide whether Serbia violated its obligations under the On August 8, 1945, the US, USSR, UK and France sign the . London Agreement, providing for prosecution of the major German war criminals by an International Military Tribunal (IMT) in Nuremberg. The constitution, jurisdiction, and func- tions of the IMT are set forth in an attached Charter, which pro- vides that each signatory will exercise a prosecutorial and judi- cial role in the proceedings, and that the defendants will have 1945-46 IMT Trial of the Major War Criminals certain basic rights. The offenses to be prosecuted are defined at Nuremberg as Crimes against Peace, War Crimes, Crimes against Humanity, The International Military Tribunal indicts twenty-four indi- and Conspiracy to commit each of those underlying crimes. The viduals, eventually prosecuting twenty-two of them: Martin Charter provides that Nazi organizations can be indicted along Bormann (in absentia), Karl Dönitz, Hans Frank, Wilhelm Frick, with individual Nazi leaders. Hans Fritzsche, , Hermann Göring, , , , , Konstantin 1946-48 Creation of International Military von Neurath, Franz von Papen, , Joachim von Tribunal for the Far East Ribbentrop, , Fritz Sauckel, Hjalmar Schacht, Baldur von Schirach, Arthur Seyss-Inquart, , Julius On January 19, 1946, General Douglas MacArthur issues a “spe- Streicher, and seven Nazi organizations. Proceedings open cial proclamation” creating the International Military Tribunal at Nuremberg’s Palace of Justice on November 20, 1945, and for the Far East (IMTFE), commonly referred to as the conclude on October 1, 1946 when the judges deliver their ver- Tribunal. The Tribunal convenes on April 29, 1946, and pros- dicts. Twelve are sentenced to death; three are condemned to ecutes twenty-eight high-level Japanese leaders (both military prison for life; four receive sentences of ten to twenty years; and ) for crimes parallel to those charged at the IMT, but and three are acquitted. Four of the organizations are found three defendants die or are incapacitated during the trial. The to be “criminal”: the Nazi leadership corps, (SS), judges and prosecutors are from eleven countries (US, USSR, (SD), and Geheime Staatspolizei (). UK, Netherlands, , , China, France, Philippines, , and ). On November 12, 1948, the judges find the remaining 25 defendants guilty, sentencing seven to death by , sixteen to life imprisonment, and two to lesser terms.

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1946-47 Paris Congress and Creation of the International Law Commission (ILC) Soon after the Nuremberg judgment, an international con- 1946-49 Subsequent Twelve Nuremberg gress meets in Paris and calls for adoption of an international Military criminal code prohibiting crimes against humanity, and for the prompt establishment of an international criminal court. The As of December 9, 1946, the American military prosecutes 185 UN General Assembly passes Resolution 94, establishing a com- lower-ranking officials of the Nazi regime in the same Nuremberg mittee of legal experts to make recommendations on ways the courtroom, in proceedings known as the Nuremberg Military UN could encourage the progressive development of interna- Tribunals (NMTs), organized pursuant to tional law and its codification. Accordingly, in 1947, the General Law No. 10. General serves as chief of prosecu- Assembly creates the International Law Commission. tion for the twelve trials: 1. The Medical Case (Dec 9, 1946 - Aug 20, 1947) 2. The Milch Case (Jan 2 - Apr 14, 1947) 3. The Justice Case (Mar 5 - Dec 4, 1947) 4. The Pohl Case (Apr 8 - Nov 3, 1947) 5. The Flick Case (Apr 19 – Dec 22, 1947) 6. The IG Farben Case (Aug 27, 1947 - Jul 30, 1948) 7. The Case (July8, 1947 – Feb 19, 1948) 8. The RuSHA Case (Oct 20, 1947 - Mar 10, 1948) 1948 Universal Declaration of Human Rights 9. The Einsatzgruppen Case (Sep 29, 1947 - Apr 10, 1948) Drafted in response to the human rights horrors of World War 10. The Krupp Case (Dec 8, 1947 - Jul 31, 1948) II, and adopted by the UN General Assembly on December 11. The Ministries Case (Jan 6, 1948 - Apr 13, 1949) 10, 1948, the Universal Declaration of Human Rights (UDHR) 12. The High Command Case (Dec 30, 1947 - Oct 28, 1948) consists of thirty articles setting out a variety of rights, in- Four defendants are excused due to illness and four commit cluding due process protections in criminal cases, that will suicide. Of the remaining defendants, 142 are found guilty of at underpin subsequent human rights treaties, including the least one of the charges; 24 receive death sentences, of which 11 International Covenant on Civil and Political Rights (1966) and are subsequently converted to life sentences; 20 are sentenced the International Covenant on Economic, Social and Cultural to life imprisonment; 98 receive sentences of varying lengths; Rights (1966). These form, along with the UDHR, the so-called and 35 are acquitted. “International Bill of Rights.” The International Bill of Rights inspires a new generation of human rights treaties elaborat- ing on its basic protections, including the Convention on the 1948 Genocide Convention Elimination of All Forms of Discrimination against Women On December 9, 1948, the UN General Assembly adopts the (1979) and the Convention against Torture and Other Cruel, Convention on the Prevention and Punishment of the Crime Inhuman or Degrading Treatment or Punishment (1984). of Genocide. Article VI of the Convention provides for alleged criminals to “be tried by a competent tribunal of the State in 1949 Geneva Conventions the territory of which the act was committed or by such inter- national tribunal as may have jurisdiction.” Related to this, On August 12, 1949, over fifty countries sign the fourGeneva members of the UN General Assembly ask the International Law Conventions: Commission to study the possibility of establishing an interna- 1. First Convention, dealing with the wounded and sick in tional criminal court. The US ratifies the Genocide Convention armed forces in the field, (a revision and development of 40 years later, in 1988. the 1929 Geneva Convention) 2. Second Convention, dealing with wounded, sick and ship- wrecked members of armed forces at sea (a revision and 1949-54 International Criminal Court development of the 1907 Hague Convention No. X) Statute Drafted by ILC 3. Third Convention, dealing with prisoners of war (a revision and development of the 1929 Geneva Convention) From 1949 to 1954, the UN’s International Law Commission for- 4. Fourth Convention, dealing with civilians (a supplement mulates draft statutes for an international criminal court but to provisions in the 1899 Hague Convention No. II and the Cold War politics hinder its progress. The UN General Assembly 1907 Hague Convention No. IV). tables the drafts, pending agreement on a definition of the The four Conventions contain a common Article 3 relating to crime of aggression and on a code of international crimes. the protection of victims of armed conflicts that are not inter- national in character. Each Convention sets forth a list of “grave breaches” that justify criminal prosecution, including willful kill- ing, torture or inhuman treatment, biological experiments, will- fully causing great suffering, causing serious injury to body or health, and extensive destruction and appropriation of proper- ty, not justified by and carried out unlawfully and wantonly.

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1950 Adoption of the The International Law Commission formulates seven “Nuremberg Principles,” to codify the principles of internation- 1954 ILC Draft Code of Offenses against the al law recognized by the IMT Charter and Judgment: Peace and Security of Mankind 1. Any person who commits an act that constitutes a crime under international law is responsible therefor and liable The International Law Commission (ILC) issues The Draft Code to punishment. of Offenses against the Peace and Security of Mankind. It con- 2. The fact that internal law does not impose a penalty for tains a list of crimes (including the crime of aggression, for which an act that constitutes a crime under international law no definition is provided) and a series of progressive principles does not relieve the person who committed the act from such as , individual criminal liability for responsibility under international law. international crimes, and negation of Head of State immunity. 3. The fact that internal law does not impose a penalty for General Assembly consideration of the Draft Code is deferred an act that constitutes a crime under international law until the ILC can make further progress on the definition of the does not relieve the person who committed the act from crime of aggression. responsibility under international law. 4. The fact that a person acted pursuant to order of his Government or of a superior does not relieve him from responsibility under international law, provided a moral choice was in fact possible to him. 5. Any person charged with a crime under international law has the on the facts and law. 6. The crimes hereinafter set out are punishable as 1961 Trial of Adolf Eichmann crimes under international law: (a) Crimes against In 1960, the Israeli government seizes key Holocaust organizer peace: (i) Planning, preparation, initiation or wag- and SS commandant Adolf Eichmann in Argentina and puts ing of a or a war in violation of in- him on trial in Jerusalem the following year. Asserting passive ternational treaties, agreements or assurances; (ii) personality and over Eichmann’s crimes, Participation in a common plan or conspiracy for the the Israelis conduct the first trial in history for the crime of accomplishment of any of the acts mentioned under (i). genocide — in the form of “Crimes against the Jewish People” (b) War crimes: Violations of the laws or customs of war — an offense largely mirroring Article II of the 1948 Genocide which include, but are not limited to, murder, ill-treat- Convention. Unlike the , this proceeding’s ment or of slave labor or for any other pur- focus is the crimes of and it becomes a water- pose of the civilian population of or in occupied territory; shed in terms of raising international awareness about the Final murder or ill-treatment of prisoners of war or persons Solution and its victims. Eichmann is found guilty as charged, a on the Seas, killing of , plunder of public or pri- verdict upheld by the Israeli Supreme Court, and he is executed vate property, wanton destruction of , towns, or vil- on May 31, 1962. lages, or devastation not justified by military necessity. (c) Crimes against humanity: Murder, extermination, en- slavement, deportation and other inhumane acts done against any civilian population, or on politi- cal, racial, or religious grounds, when such acts are done or such persecutions are carried on in execution of or in connection with any or any . 7. Complicity in the commission of a crime against peace, 1961 Founding of a war crime, or a crime against humanity as set forth in Amnesty International is founded in London in July 1961 by Principle VI is a crime under international law. English labor Peter Beneson to highlight the plight of political prisoners and advocate for human rights. In addition to 1973 Convention traditional human rights work, it provides guidance, education On November 30, 1973, the UN General Assembly adopts the and advocacy regarding international criminal justice issues. International Convention on the Suppression and Punishment (originally founded in 1978 as Helsinki of the Crime of Apartheid. The Convention declares that apart- Watch to monitor the USSR’s compliance with the 1975 Helsinki heid is a crime for which individuals can be held accountable Accords) is another influential NGO that has played a significant and defines the crime as a series of “inhuman acts committed education and advocacy role with respect to the development for the purpose of establishing and maintaining domination by of international criminal justice. one racial group of persons over any other racial group of per- sons and systematically oppressing them.” Such acts include denial of the right to life and liberty, imposition of living con- ditions designed to destroy the group, legislative measures to prevent the group’s participation in national life, division of the population along racial lines, and exploitation of the group’s la- bor force. Moreover, the Convention characterizes apartheid as a crime against humanity.

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1974 UN General Assembly Adopts Resolution on Aggression On December 14, 1974, the UN General Assembly adopts 1977 Additional Protocols to the Resolution 3314, a broad definition of aggression, drawn largely Geneva Conventions from Article 2(4) of the Charter (though omitting reference to threats) and then enumerates specific examples of acts of ag- In 1977, the Geneva Conventions (GC) are supplemented by two gression including, but not limited to: (a) the or attack further agreements. Additional Protocol I (AP I) applies to in- by the armed forces of a State of the territory of another State ternational armed conflict and expands the GC protections in (including related ); (b) by the various ways, including detailed protections for civilians during armed forces of a State against the territory of another State; military operations, command responsibility and a prohibition (c) the of the ports or coasts of a State by the armed on methods of warfare that are intended to cause or may cause forces of another State; (d) an attack by the armed forces of a widespread, long-term, and severe damage to the environment. State on the land, sea or air forces, or marine and air fleets of Additional Protocol II (AP II) is the first international treaty de- another State; (e) the use of armed forces of one State which voted exclusively to situations of non-international armed con- are within the territory of another State with the agreement of flict (NIAC), defined by the ICRC as “protracted armed confron- the receiving State; (f) the action of a State in allowing its terri- tations occurring between governmental armed forces and the tory to be used by another State for perpetrating an act of ag- forces of one or more armed groups, or between such groups, gression against a third State; and (g) the sending by a State of arising from the territory of a state.” AP II expands upon the armed bands, groups, irregulars or , which carry out minimal humanitarian NIAC regulations previously covered by acts of armed force against another State. This resolution takes Common Article 3 alone. Both AP I and AP II prohibit recruiting on new life when, many years later, the ICC member states de- or using child soldiers (i.e., children under the age of fifteen). bate whether the crime of aggression should be within the juris- diction of the International Criminal Court (ICC). 1984 Convention Against Torture The 1984 Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment provides a detailed def- inition of torture and other cruel, inhuman or degrading treat- ment, and prescribes a series of measures to deal with these 1987 Trial of Klaus Barbie crimes, including, in Articles 5-7, a state obligation, premised on Extradited from Bolivia three years previously, former Lyon universal jurisdiction, to either institute criminal proceedings Gestapo chief Klaus Barbie is tried in France, found guilty of against the torturer or to extradite the person to another state crimes against humanity, and sentenced to life in prison. In to stand trial there. the course of the proceedings, French courts find that crimes against humanity need not be limited to civilians; they may also be committed against military personnel, e.g., members of 1989 Trinidad and Tobago Request Statute for the French Resistance. The French eventually prosecute and Permanent ICC convict former Vichy officials Paul Touvier (1994) and Maurice Motivated in part by an effort to combat drug trafficking, Papon (1997) of Holocaust-related crimes against humanity. Trinidad and Tobago resurrects a pre-existing proposal for the establishment of a permanent international criminal court, and petitions the UN General Assembly to prepare a draft statute. The International Law Commission then prepares a draft stat- 1993 Establishment of the ICTY ute for presentation at a diplomatic conference. Atrocities committed in Bosnia-Herzegovina and Croatia in 1994 Establishment of the ICTR con¬nection with the dissolution of the former Yugoslavia provoke the UN Security Council to establish the ad hoc The April-July 1994 genocide in Rwanda motivates the UN International Criminal Tribunal for the Former Yugoslavia Security Council to establish, pursuant to Resolution 955 of (ICTY) on May 25, 1993, pursuant to Resolution 827. The ICTY November 8, 1994, a second ad hoc tribunal, the International has jurisdiction over war crimes, genocide and crimes against Criminal Tribunal for Rwanda (ICTR). The ICTR has jurisdic- humanity committed on the territory of the former Yugoslavia tion over offenses of genocide, crimes against humanity and as of 1991. It indicts 161 persons, including former Serbian presi- war crimes (in violation of Common Article 3 and/or Additional dent Slobodan Milosovic (who dies before the end of his trial), Protocol II) committed during the year 1994. It indicts 92 indi- and Bosnian-Serb leaders Radovan Karadzic and Ratko Mladic. viduals, including former Prime Minister Jean Kambanda (who In all, it convicts and sentences 64 persons in 50 separate pro- pleads guilty to genocide), and genocide mastermind Colonel ceedings, acquits 13 persons and transfers 8 cases involving 13 Théoneste Bagosora, who is tried and convicted. In all, it con- persons to national . In the process, the ICTY gen- victs 60 persons in 40 judgments and acquits 10 persons while erates groundbreaking in the area of internation- transferring four persons for trial to national jurisdictions (one al criminal law. each to the Netherlands and Rwanda and two to France). The ICTR also makes significant contributions to the development of international criminal law, particularly with respect to the law of genocide and atrocity speech.

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1998 Adoption of the Rome Statute of the International Criminal Court On , 1998, working from the draft ILC statute, a diplo- 1998 Universal Jurisdiction Case matic conference of 120 countries adopts the Rome Statute of of the International Criminal Court (ICC). The ICC is given juris- diction over the crimes of genocide, crimes against humanity, In a landmark case, on October 10, 1998, Spanish magistrate war crimes, and aggression (pending future review, aggression Baltasar Garzon indicts for human rights crimes former Chilean is not defined or activated) committed by citizens of signatory dictator General Augusto Pinochet, who is arrested in London states or committed on their territories, regardless of the per- and deemed by the British Law Lords to be extraditable to Spain petrator’s citizenship. The Court may be seized of a case in one pursuant to the principle of universal jurisdiction. Although he is of three ways: (1) referral by a state party; (2) referral by the ultimately released on grounds of ill-health, the unprecedented Security Council (in which case the crimes alleged need not detention of Pinochet on foreign soil for atrocity crimes com- be perpetrated by a signatory’s citizen or on a signatory’s ter- mitted in his homeland, without a warrant or request for extra- ritory); and (3) a -initiated investigation. The Statute dition from Chile, represents a watershed in international crimi- provides that the ICC is to operate on the principle of “comple- nal law with respect to the principle of universal jurisdiction. mentarity,” providing that the ICC intervene only when domes- tic institutions are unwilling or unable to act on their own.

2000 Establishment of the East Timor Special Panels In March 2000, after Indonesian military personnel commit 2002 Establishment of the Special Court atrocities in East Timor, the UN Transitional Administration in for Sierra Leone East Timor (UNTAET) establishes the Special Panels of the Dili District Court to prosecute genocide, war crimes, crimes In 2002, after horrific atrocities are committed during the Sierra against humanity, murder, sexual offenses and torture. The Leone Civil War, the UN and the government of Sierra Leone Special Panels, which close in 2005, constitute a “hybrid” tribu- enter into an agreement to create a “treaty-based sui generis nal in that they blend East Timorese and international person- court of mixed jurisdiction and composition” in Sierra Leone’s nel and law. The Tribunal issues indictments against 391 persons, capital, Freetown, with the aim of trying “those who bear conducts 55 trials, and secures 84 convictions and 4 acquittals. greatest responsibility” for the war crimes and crimes against humanity committed as of November 30, 1996, including chop- ping off the limbs of those who failed to profess loyalty to the rebels. This hybrid tribunal consists of two trial chambers with two international and one Sierra Leone judge each, an Appeals Chamber with three international and two Sierra Leone judges, 2002 Rome Statute Enters Into Force and a Prosecutor appointed by the UN Secretary-General and a The 60th ratification of the Rome Statute is deposited on April Deputy Prosecutor appointed by the Sierra Leone government. 11, 2002, and the ICC officially comes into being on July 1, 2002. The Court indicts 11 persons, and secures 9 convictions from The inaugural meeting of the ICC’s Assembly of States Parties among the following military groups: the Revolutionary United (ASP) is held in New York from September 3–10, 2022. Front (RUF); the Armed Forces Revolutionary Council (AFRC), the Civil Defence Forces (CDF). In a special courtroom in The Hague, it also prosecutes former Liberian President Charles Taylor and convicts him of aiding and abetting the RUF. Taylor’s 2003 Establishment of the Extraordinary conviction on April 26, 2012, is the first conviction of a head of Chambers in the Courts of Cambodia state pursuant to trial since Admiral Doenitz’s conviction at On June 6, 2003, the Extraordinary Chambers in the Courts of Nuremberg. Cambodia (ECCC) are established, pursuant to an agreement between the Royal Government of Cambodia and the United Nations to try senior members of the Khmer Rouge for serious 2003 ICC Becomes Operational violations of Cambodian penal law and international criminal On March 11, 2003, the first ICC judges are sworn in at a cere- law. On July 26, 2010, the ECCC indicts Kaing Guek Eav (aka mony hosted by the Netherlands in The Hague. Fifteen cases in “Comrade Duch”), the commandant of Security Prison 21 (aka the following seven situations are then brought before the ICC: “Tuol Sleng”), the Khmer Rouge’s torture and detention facil- Situation in Uganda; Situation in the Democratic Republic of ity in Phnom Penh, for crimes against humanity and war crimes, the Congo; Situation in Darfur, Sudan; Situation in the Central and he is later sentenced to life in prison. Senior Khmer Rouge African Republic; Situation in the Republic of Kenya; Situation leaders Nuong Chea, Khieu Samphan, Ieng Sary, and Ieng Thirith in ; Situation in Côte d’Ivoire. are also indicted.

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2005 Establishment of the Court of Bosnia and Herzegovina War Crimes Chamber 2005-06 Trial of by the After war crimes chambers had been established to deal with Supreme Iraqi Criminal Tribunal 1990s atrocities committed in Kosovo (so-called “Regulation 64” panels, set up within the domestic Kosovo court system in Beginning in October 2005, Saddam Hussein and seven other 1999) and Serbia (War Crimes Panel within the Belgrade District defendants are prosecuted by the Supreme Iraqi Criminal Court, created in 2003), a joint initiative between the ICTY, Tribunal (formerly known as the Iraqi Special Tribunal), and the Office of High Representative (OHR) in Bosnia and established under Iraqi national law as a special domestic court Herzegovina (BiH) established the War Crimes Chamber (WCC) to try atrocity and corruption crimes committed between in the Court of BiH. The WCC has five panels of both domestic July 17, 1968 and May 1, 2003. Hussein and his co-defendants and international judges who preside over cases involving hu- are charged with crimes against humanity with regard to man rights or war crimes that took place in BiH during the 1992- events that took place after a failed assassination attempt 1995 Balkans conflict. The WCC has several cases transferred to in Dujail in 1982. Hussein is convicted on , 2006 it by the ICTY as part of the ICTY’s completion strategy; it also and hanged on December 30, 2006. Hussein and five of his handles new cases not originating from the ICTY. subordinates, including Ali Hassan al-Majid (aka “Chemical Ali”) are also indicted on genocide charges in connection with the al-Anfal “Kurdish Genocide” Campaign, and all five are convicted in that case. In all, the Tribunal indicts 24 persons, of whom 17 2006 Hamdan v. Rumsfeld are sentenced in five separate trials for genocide, war crimes and crimes against humanity, including Tariq Aziz, the former In Hamdan v. Rumsfeld, 548 U.S. 557 (2006), the US Supreme minister of foreign affairs. Three persons are acquitted. Court invalidates the Bush Administration’s military commissions — which had been established to prosecute prisoners detained at Guantanamo Bay in connection with the Administraton’s “war on terror” — because the commissions do not comply with due process guarantees in the Uniform Code of 2007 Establishment of the Special Tribunal and the Geneva Conventions’ Common Article 3. The Court re- for Lebanon jects the Bush Administration’s argument that Common Article To prosecute the perpetrators of the 2005 assassination of 3 does not protect the prisoners at Guantanamo, concluding Lebanese Prime Minister Rafiq Hariri, on May 30, 2007, the that the conflict with al Qaeda is a non-international armed con- UN Security Council creates the Special Tribunal for Lebanon flict within the meaning of Common Article 3. (STL). Seated in The Hague, the STL’s subject matter jurisdic- tion is limited to terrorism-related offenses under Lebanese law and its personnel are a mix of international and Lebanese. 2010 ICC Review Conference Amends 1998 On June 28, 2011, the STL confirms the indictment of four de- Rome Treaty as to Crime of Aggression fendants, Mustafa Amine Badreddine, Salim Jamil Ayyash, Hussein Hassan Oneissi, and Assad Hassan Sabra – all mem- On June 11, 2010, after nearly two weeks of intense debate and bers of Hezbollah accused of coordinating and executing the years of preparatory work, the Review Conference of the Rome assassination. Statute, meeting in Kampala, Uganda, adopts Amendments to the Statute that include a definition of the crime of aggression and a regime establishing how the Court will exercise its juris- diction over this crime. At the earliest, the ICC will be empow- ered to exercise jurisdiction over the crime of aggression after January 1, 2017, assuming that at least 30 ratifications have been 2012 ICC’s First Trial Verdict: obtained by that date, and that a decision is made by a 2/3 ma- Thomas Lubanga Found Guilty jority of the States Parties to activate the jurisdiction. On March 14, 2012, a panel of ICC judges finds Thomas Lubanga guilty of the war crimes of conscripting, enlisting, and using chil- 2012 Becomes First Nation dren under the age of fifteen years for combat purposes while to Ratify Kampala Amendments he served as political head of the Union of Congolese Patriots on Aggression (UPC), a rebel group in the Ituri region of the Democratic Republic of the Congo (DRC). This is the ICC’s first verdict On May 8, 2012, the Principality of Liechtenstein deposits at the since becoming operational in 2003. On July 10, 2012, the ICC United Nations its instrument of ratification of the aggression- sentences Lubanga to fourteen years imprisonment. related Amendments to the Rome Statute that were adopted at the 2010 Kampala Review Conference. This constitutes the first To propose additions to this Timeline, please contact Sandra ratification of the Amendments that include a definition for the Schulberg at [email protected]. crime of aggression and a procedure for the ICC to exercise its jurisdiction over individuals who, as leaders of States Parties, Schulberg Productions gratefully acknowledges the assistance plan, prepare, initiate or execute acts of aggression against of Michael Bazyler, Don Ferencz and Stefan Barriga. other States Parties of the ICC. Graphic design by Israel Ehrisman.

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